BB & SB v. P Trucking Co.

Todd D. Schlossberg

Case Conclusion Date:May 19, 2008

Practice Area:Personal Injury

Outcome:Settlement during trial - $860,000

Description:Defendant's truck driver failed to pay proper attention to the roadway ahead of him as he drove his tractor-trailer, loaded with hardwood logs, into a residential area. He crash his truck into the rear of the B's SUV that was stopped at a traffic light. The Bs were on vacation in Vermont from Maine. Ms. B, then 59 years old, sustained back and neck injuries, which aggravated her long-standing pre-existing degenerative disc condition in her cervical and lumbar spine. She underwent multiple epidural steroid injections and nerve blocks before ultimately undergoing a cervical spinal fusion. Ms. B tried to return to her job but was unable to continue working. Her husband Mr. B sustained relatively minor neck injuries, which resolved within a few months of the crash. The defense initially contested liability but "conceded liability" on the eve of trial, while disputing damages. The defense argued that Ms. B had a long, well-documented history of chronic neck and low back pain, and medical treatment for that pain. The defense offered $200,000 before trial. At trial, we showed that, despite her pre-existing back and neck problems, SB lived and enjoyed a full and active life, including working in the shipping & packing department at LL Bean in Maine. After 4 days of trial, before the case went to the jury, the defense agreed to pay $860,000 in settlement to the plaintiffs.